Rent renewal, renewal fee

Windofchange

We had a letter informing us of needing a new contract. We ignored it and just carried on paying the rent. The agents wanted £200 or something for the privilege. They can do one. I'm still living here undisturbed 6 months later. As above, if you have been a good Tennant, paid your rent on time, not caused any nuisance or damage, it really is counterproductive for any landlord to want to kick you out over wanting a two month not one month notice period. In your shoes, I'd reply back with no thanks if I sent anything at all and see what happens. Unless you really really really have to be in this place, you just go find another one if he decides to go down the eviction route. I have never been that attached to any of the rental properties I have been in. Plenty of others around unless yours really is some sort of unique ex castle in the middle of a city centre etc...

Stubod

LOL....landlord is trying it on so just ignore it. If you are a good tenant why would a landlord want to have all the pain (and cost) of trying to get you out and then trying to find another tenant (who may not be a good one)....IMHO...

saajan_12

They can't charge fees for a NEW contract after 1 June 2019. They would only be able to charge upto 31 May 2020 for the renewal if the fee was explicitly stated in your current contract (agreed before 1 June 2019 even if the paper wasn't signed). If the renewal fee wasn't stated, then its effectively a new contract fee which isn't allowed. 

robs81burns

greatcrested said:

Read

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Let it become periodic. No sensible landlord will attempt to evict a reliably paying tenant at this time. To start with, a S21 Notice requires 3 months notice. Then a wait for a court date- likely to be months at this time. Then, assuming he is successful (not guaranteed) if you still remain, a wait for bailiffs - again likely to be months

All this costs the LL time, effort and money.

And then if he finally succeeds in evicting, he has a void - weeks or months with no rent + the cost of finding a new tenant. Who might turn out to be a nightmare compared to you!

All because he wants 2 months notice not 1 tenancy period notice (which could be between 1 and 2 months anyway!)

As for the fee:

* what were the start/end dates of the last contract you signed?

* what date did you sign it (and did you date it when you signed)?

Thanks for responding! 
Start date was May 9th 2019. 
Signed on 28th June 2019.
That's my confusion really! Just struggling to find anyone who can tell me where I sit if the contract was dated before 1/6/19, but not signed off until after!

robs81burns

martindow said:

robs81burns said:

The letting agents have said the owner is insisting on a contract. They said, if it rolls over, that the landlord isn't happy with us being able to only give a month's notice, as opposed to the 2 months under the terms of the contract. 

Possibly, but it is quite likely that the agent is instigating this so they can collect fees.  Have you contacted the LL directly?  T

I have not... Is that a done thing?! There's no contact email, only a postal one 😁

robs81burns

Windofchange said:

We had a letter informing us of needing a new contract. We ignored it and just carried on paying the rent. The agents wanted £200 or something for the privilege. They can do one. I'm still living here undisturbed 6 months later. As above, if you have been a good Tennant, paid your rent on time, not caused any nuisance or damage, it really is counterproductive for any landlord to want to kick you out over wanting a two month not one month notice period. In your shoes, I'd reply back with no thanks if I sent anything at all and see what happens. Unless you really really really have to be in this place, you just go find another one if he decides to go down the eviction route. I have never been that attached to any of the rental properties I have been in. Plenty of others around unless yours really is some sort of unique ex castle in the middle of a city centre etc...

Thanks for the response. It's great to hear other people's situations. Definitely not a castle! Over the road from the kids' primary school though! 
I guess my post was 3 fold.
1) Can the LA even charge a renewal fee if the agreement wasn't signed until after 1/6/19.
2) Do people reply and say "no thanks" or just leave it?
3) Understanding if I'm any worse off not being in a contract. (All new to me!)

robs81burns

Stubod said:

LOL....landlord is trying it on so just ignore it. If you are a good tenant why would a landlord want to have all the pain (and cost) of trying to get you out and then trying to find another tenant (who may not be a good one)....IMHO...

Thanks for responding!
My hunch is that the letting agent is trying it on to try and collect a renewal fee! Even on a periodic contract where we'd only have to give 1 month notice, we'd probably still give 2 anyways out of courtesy for them being decent about not upping rent last 3 years. Periodic tenancy is new to me, that's what I'm trying to flesh out!

robs81burns

saajan_12 said:

They can't charge fees for a NEW contract after 1 June 2019. They would only be able to charge upto 31 May 2020 for the renewal if the fee was explicitly stated in your current contract (agreed before 1 June 2019 even if the paper wasn't signed). If the renewal fee wasn't stated, then its effectively a new contract fee which isn't allowed. 

This is the crux, in regards to a renewal fee. It IS stated in the agreement, signed 28th June 2019, raised 9th May 2019. You're the first person I've spoken to who's actually clarified that point, thank you.

macman

Why would you not inform the LL? You have his address, it's the price of a stamp. Point out the advantages to him and that the agent is simply collecting a fee for minimal work. 
If he still doesn't agree, tough.

KathysBoy

robs81burns said:

The letting agents have said the owner is insisting on a contract. They said, if it rolls over, that the landlord isn't happy with us being able to only give a month's notice, as opposed to the 2 months under the terms of the contract. 

I’m not sure that 2 months notice under a fixed term contract is valid. Unless it’s a break clause, then it would only apply under a periodic contract, in which case it would be in breach of your statutory rights, UNLESS your rental period is every 2 months. Having said that the clause often says that it must end on the day before the rent day, so it can be more than 1 month practically, but as long as your timing is right, then it’s the rental period.

Can you post the clause